[2021] KECA 28 (KLR)
The court held that the application for extension of time could not proceed because the respondent had died and no application for substitution had been made. The matter was adjourned to allow for substitution, failing which the intended appeal may abate. The court emphasized the necessity of proper parties before...
Source-derived case information.
- Citation
- [2021] KECA 28 (KLR)
- Parties
- Applicant: Kagai Mwangi; Respondent: Ephantus Ngari Mwangi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 20 of 2019
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Memorandum of Appeal
- Outcome
- Application adjourned due to death of respondent and absence of substitution.
- Judges
- DK Musinga
- Legal Topics
- Extension of Time, Appeals Process, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kagai Mwangi
Applicant
Ephantus Ngari Mwangi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Memorandum of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal and memorandum of appeal.
- 2 Whether the application can proceed in light of the respondent's death and absence of substitution.
Ratio Decidendi
The court held that the application for extension of time could not proceed because the respondent had died and no application for substitution had been made. The matter was adjourned to allow for substitution, failing which the intended appeal may abate. The court emphasized the necessity of proper parties before proceeding with an application, in accordance with procedural law.
Court Disposition
Application adjourned due to death of respondent and absence of substitution.
Orders
- Hearing of the application is adjourned to a date to be fixed by the registry.
- The matter will only proceed if an application for substitution of the deceased respondent is made in good time before the intended appeal abates.
Full Case Text
Judgment text and source record
19 paragraphs
Mwangi v Mwangi (Civil Application 20 of 2019) [2021] KECA 28 (KLR) (23 September 2021) (Ruling)
Neutral citation: [2021] KECA 28 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Application 20 of 2019
DK Musinga, JA
September 23, 2021
Between
Kagai Mwangi
Applicant
and
Ephantus Ngari Mwangi
Respondent
(Being an application for extension of time to file a Notice of Appeal and a Memorandum of Appeal from the Judgment of the High Court of Kenya at Kerugoya (Mukunya, J.) in ELC Case No. 174 of 2013)
Ruling
1The applicant’s notice of motion dated 27th February 2019 seeks an extension of time for filing of a notice of appeal and a memorandum of appeal in respect of a judgment in Kerugoya Environment and Land Court (ELC) No. 174 of 2013 dated 6th July 2018.
2The applicant notified this Court’s Deputy Registrar that the respondent passed away sometime in March 2021 and no application for substitution has been made since then.
3In the circumstances, the hearing of this application cannot proceed and I hereby adjourn the same to a date to be fixed by the registry, in the hope that an application for substitution of the deceased’s respondent shall be made in good time before the intended appeal abates.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2021. D. K. MUSINGA, (P)………………….……JUDGE OF APPEALI certify that this is atrue copy of the original.SignedDEPUTY REGISTRAR